Harassment and Bullying Complaint Procedure Sample Clauses

Harassment and Bullying Complaint Procedure. In the case of a complaint of harassment or bullying, the following will apply: (a) The Union and the Employer encourage employees who believe they are subjected to bullying, harassment, or discrimination, if they are comfortable, to approach the person engaged in such conduct and ask them to stop. (b) An employee who is not comfortable asking an alleged bully or harasser to stop or who has asked without success may submit a complaint in writing within three months of the latest alleged occurrence in accordance with the Employer’s policies on bullying, harassment, and discrimination. Upon receipt of the written complaint, the Employer will notify in writing the union staff representative. (c) The Employer will conduct an investigation in accordance the Employer’s policies on bullying, harassment, and discrimination. At the Employer’s discretion it may, with the Union’s agreement, immediately appoint an Adjudicator pursuant to (f) below. The complainant, the respondent, and the union staff representative will be apprised of the outcome of the investigation. (d) The investigation will subscribe to principles of fairness, including advising any respondent of details of the complaint against them and allowing them an opportunity to respond. An employee respondent or complainant will be allowed to have union representation throughout the process. (e) Pending determination of the complaint, the Employer may take interim measures as necessary, such as to separate the employees concerned. (f) Where either the complainant or the respondent is not satisfied with the Employer's response, the Union will put the complaint, within 30 days, before a mutually agreed upon, independent Adjudicator who specializes in cases of harassment or bullying. The Adjudicator will work with the parties to achieve a mutually acceptable resolution and if this is not achieved, the Adjudicator will have the right to: (1) dismiss the complaint; or (2) determine the appropriate level of discipline to be applied to the respondent; and (3) make further determinations as are necessary to provide a final and conclusive settlement of the complaint. The Adjudicator’s process must conform to the requirements of natural justice and procedural fairness and consider the appropriateness of awarding damages to the complainant arising under the Human Rights Code or otherwise. (g) Disciplinary action taken against a respondent pursuant to this article may only be grieved if the complaint has been put to a...
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Related to Harassment and Bullying Complaint Procedure

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